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1. What is a county drain?

A county drain may be an open ditch, stream or underground pipe, retention pond or swale that conveys storm water. These drains become designated as county drains through a petition process where either property owners or a local city, village or township petitions the Water Resources Commissioner to establish a county drain. For more information, contact Water Resources at 734-222-6860.

2. What responsibilities does the water resources commissioner have for county drains?

Within County drainage districts, the Water Resources Commissioner is responsible for accounting of expenditures and financial statements, for maintaining records of the establishment and operation of each, and for conducting routine maintenance of the drains. Learn more on our County Drains page.

3. Are all storm drains county drains?

Drains, including roadside ditches, pipes, bridges and culverts under roads that drain state highways and county roads that are not designated County drains are maintained by the Washtenaw County Road Commission. Drain pipes that are not county drains and are not along roads may be the property owner's responsibility (i.e. in farm fields or parking lots). Creeks, streams or rivers that are not under our jurisdiction may be the responsibility of the County Environmental Services Department. Find more information on our County Drains page.

4. Am I located or doing business near a county drain?

The Washtenaw County Office of the Water Resources Commissioner has some resources to help you locate your proximity to a County Drain. MapWashtenaw is Washtenaw County's Interactive Map Viewer; County Drainage, Drain Easements, Aerial Imagery, Property Lines, Roads and More are available to search and view from this Map Server. For more information, contact Water Resources at 734-222-6860.

5. What is a lake level?

Under the Inland Lake Level Act (Part 307 of P.A. 59 of 1995), a board of commissioners may file a petition in circuit court to establish a special assessment district to pay the costs of establishing and maintaining a lake level. The board of commissioners must file such petition if requested in writing by two-thirds of the freeholders owning lands abutting the lake. 

The Washtenaw County Board of Commissioners delegates administrative duties to the Washtenaw County Water Resources Commissioner to oversee lake level projects. The Water Resources Commissioner must determine the apportionment of costs incurred and assess for maintenance of the lake level.  Washtenaw County is involved with several lake level projects. Four Mile Lake, Horseshoe Lake, and Iron Lake are intracounty lake level projects. Hiland Chain of Lakes, Whitmore Lake and Portage-Baseline Lakes are intercounty lake level projects, jointly administered by the Washtenaw and Livingston County Water Resources Commissioners. 

Section 24 of the Inland Lake Level Act requires inspection of all lake level control structures on all inland lakes that have normal levels established under this Act to be completed once every three years by a licensed professional engineer.

Learn more about Portage-Baseline Lake Level.

6. Where can I view the Michigan Drain Code?

The Michigan Drain Code is an act to codify the laws relating to:

• The laying out of drainage districts
• The consolidation of drainage districts
• The construction and maintenance of
  • Bridges
  • Culverts
  • Drains
  • Fords
  • Pumping equipment
  • Sewers
• The structures and mechanical devices to properly purify the flow of drains
• To provide for flood control projects
• To provide for water management, water management districts, and subdistricts
• Flood control and drainage projects within drainage districts
• To provide for the assessment and collection of taxes
• To provide for the investment of funds
• To provide for the deposit of funds for future maintenance of drains
• To authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued
• To provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds
• To authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged
• To validate certain acts and bonds; and to prescribe penalties

View Act 40 of 1956. 

For more information, contact Water Resources at 734-222-6860.

7. What are Special Assessments?

Under the Drain Code of 1956, the Water Resources Commissioner shall make a special assessment roll for the drain for each county, township, city, and/or village affected. These assessments cover many of the expenses of locating, establishing and constructing the drain, including maintenance of the drain. Visit our Speical Assessments page.

8. When to call the county for drainage service?

• Flooding 
  The Water Resources Commissioner's staff responds to flooding situations caused by designated county drains. 734-222-6860
• Maintenance 
  Report drain maintenance needs to the Office of the Water Resources Commissioner. 734-222-6860
• Right-of-Ways
  Right-of-Ways are granted to the Water Resource Commissioner's office along all designated county drains for the purpose of allowing access to operate, maintain or repair the drain. Property owners retain ownership, but are restricted from building permanent structures that may impede drain maintenance within the easement area. Work done by the property owner within the easement, such as constructing a crossing or tap in, requires a permit. Drainage swales may not be filled in. Easements are recorded at the Washtenaw County Register of Deeds office and are also on file at the Washtenaw County Water Resource Commissioner's office. The width of right of ways vary from drain to drain depending on the drain's size and type. Some are of an unspecified width. The Drain Code (Act 40 of Public Acts of 1956, as amended) states that the Water Resource Commissioner may use and enter upon any easement for maintenance or any other lawful activity with respect to the drain without requiring a larger or different right of way.
• Report Illegal Dumping
  Washtenaw County has a regulation prohibiting dumping waste on property or waters in Washtenaw County. If you observe dumping or see abandoned barrels, call 911. Do not approach abandoned drums, they may contain dangerous materials. This report will be routed to the appropriate personnel at Washtenaw County Emergency Management (734-973-4900).

9. When do I need a petition?

Circumstances may arise where you may want to petition the Office of the Washtenaw County Water Resource Commissioner for the establishment, construction, or maintenance of a County Drainage System or to establish a Legal Lake Level. Any questions regarding this process please call 734-222-6860.

10. What is Act 222?

To afford property owners, individuals, and governmental agencies greater efficiency, certainty, and consistency in the provision of relief for damages or physical injuries caused by a sewage disposal system event. Michigan Legislature passed new legislation regarding damages from sanitary and storm sewer events. 

Public Act 170 of 1964, as amended by Public Act 222 of 2001, requires that if you are seeking compensation for personal injury or property damage, you must show that the county drain system had a defect; that an appropriate government agency knew, or reasonably should have known, about the defect; that the defect was not remedied by the government agency in a reasonable time; that the property damage or personal injury resulted because of the defect; and that you own and have related the value of the damaged personal property.

View Act 222 of Public Acts of 2001 (PDF) and view the fact sheet (PDF) or call 734-222-6860.

11. How do I report illegal dumping?

Visit our Report an Issue page to learn more about reporting illegal dumping.